11-14-95
CITY OF ATLANTIC BEACS
CODE ENFORCEMENT BOARD AGENDA
7:30 P. M. , NOVEMBER '7., 1995
Call to order II
Pledge to the Flag
Roll Call
1. Approval of the minutes of the meeting of September 5, 1995.
2. Recognition of Visitors and Guests regarding any matters that
are not listed on agenda.
P. Old Sueineee•
Code Enforcement Olfioer x111 report on the folloxinq cease:
Casa No. 0094 - Harry T. Gross, Jr., owner of property located at
980 Mayport Road, in violation of Section 12-1-(?), Abandoned
Vehicles; and Section 24-111, Zoning - Present CG and past BA
~ zoning do not permit junk yards. (At the meeting of September 5,
1995 bir. Gross was directed to meet with Karl Grunewald Thursday,
September 7, 1995 at which time Mr. Grunewald agreed to indicate
the items to be cleared from the property. Mr. Gross was allowed
30 days, beginning Thursday, September 7, 1995 and ending Thursday,
October 7, 1995 to bring the property into compliance).
4., Nex Sueineee•
Case No. 0039 - Cynthia L. Watson (second offense) - owner of
property located at 702 Cavalla Road, in violation of Section 12-1-
3, weeds growing against rear of building and east side and along
fence; tires, electrical, and timbers stored on east side of
property.
a- R~++eet for Lien Action:
Caae No. Amount of Lien ~tSGa
0085 - Joseph Romano $5,000.00 1170 Bogonia St.
(A fine of 5250.00 per day was instituted against Joseph Romano
beginning February 9, 1995 for violation of City Code Section 20-52
and 20-52.1 and Florida Statute 489.127. This fine was never paid
by Mr. Romano and it is requested that a lien of $5, 000.00 be
~ placed against the property through the Duval County Court system.)
Page 2
Code Enforcement Agenda
November 7, 1995
S:a99 NO. Amment of Lien Address
No. 0091 Joseph Romano $2,996.4d 1170 Begonia St.
(The Code Enforcement Board at its meeting of May 2, 1995 found
Joseph Romano to be in violation of Section 12-1-7 and 16-7 of the
City Code. The property was found to be a health hazard pursuant
to Florida State Statute 162.06(4). The city was requested to
clear the property with the cost of clearing the property to be
brought back via a lien against the property.)
5. Board Members coma-enta:
6. Adjournment
~ CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD 11iINUTES
NOVEMBER 14, 1995
Call to order: PRESENT: Edward Martin, Chairman
Heywood Dowling, Jr.
Kathleen Russell
Ken Rogosheske
Theo K. Mitchelson
Richard 5. Mann
AND: Suzanne Green Prosecuting Attorney
Karl Grunewald, Code Enf. Officer
Trudy Lopanik, Secretary
ABSENT: Lou Etta Waters (Excused)
Alan Jensen, Legal Counsel (Excused)
1. Approval of M1linutes of September 5 1995
A motion was made, seconded, and passed to approve the minutes of September 5, 1995.
('`, 2. Recognition of Visitors and uectc regarding any matters that are not listed on agenda.
No one wished to speak.
Case No. 0094 -Barry T. Cross, Jr., owner of property located at 980 hlayport Road, in violation
of Section 12-1-(7), Abandoned Vehicles; and Section 24-111, Zoning -Present CG and past BA
zoning do not permit junkyards. Karl Grunewald reported the property was in compliance. The
Board accepted M1tr. Grunewald's report.
4. New Business:
Case No. 0039 -Cynthia L. Watson (second offense) - owner of property located at 702 Cavalla
Road, in violation of Section 12-1-3, weeds growing against rear of building and east side and along
fence; tires, electrical, and timbers stored on east side of property.
Mr. Martin read the case hearing procedure for Case No. 0039 and all witnesses were sworn in.
Karl Grunewald explained the property had been cited in the past on two separate occasions but that
the property had been brought into compliance. Since no action was taken to find the property in
violation in the past, this violation would have to be treated as a first offense. lie explained the
majority of the items had been removed from the property, however, as of 4:30 p.m. this afternoon
. ~ (November 14, 1995), there still was some debris outside. He indicated vegetation had been cut by
~ Minutes, Page 2
Code Enforcement Board
November 14, 1995
the property owner. hir. Grunewald passed out photographs to the board.
William Sutton explained he was appearing for his wife, Cynthia Watson Sutton, who was the owner
of the property. He explained he had been out of town for six weeks and when he returned it rained
For several weeks and, thus, he was not able to clear the property. He indicated he rented a storage
unit and he tried to keep all outside storage in his storage unit. IIe indicated there was a problem
with transients walking through his property and throwing debris on the ground.
Following discussion, it was decided to give Mr. Sutton a brief amount of time to remove the small
amount of debris.
A MOTION WAS iV1ADE, SECONDED, AND PASSED TO FIND CYNTHIA Vti'ATSON
SUTTON, 702 CAVALLA ROAD, ATLANTIC BEACH, TO BE IN VIOLATION OF
SECTION 12-1-3 OF THE CODE.
A MOTION w'AS 11fADE, SECONDED, AND PASSED TO GRANT Iv1S. SUTTON UNTIL
5:00 P. 111., FRIDAY, NOVEMBER 17, 1995 TO BRING THE PROPERTI' INTO
~"`~ COMPLIANCE TO THE SATISFACTION OF THE CODE ENFORCEMENT INSPECTOR
IF THE SAME SECTION OF THE CODE IS VIOLATED IN THE FUTURE A $100.00 PER
DAY FINE WILL OCCUR FRO11i THE DATE TIIE VIOLATION OCCURRED UNTIL
THE VIOLATION CEASED TO THE SATISFACTION OF THE CODE ENFORCEMENT
INSPECTOR
5. Req rest for Lien Action•
Mr. Martin indicated there was a request for the Board to approve the placing of two liens against
property owned by Joseph Romano. Ile explained the liens were for the following violations:
Case No. 0085 -Joseph Romano, 1170 Begonia Street. It was requested that a $5,000.00 lien be
placed against the property. This was a result of a fine of $250.00 per day which was instituted
against Joseph Romano beginning February 9, 1995 for violation of City Code Section 20-52 and 20-
52.1 and Florida Statute 489.127.
The second lien was represented by Case No. 0091 in the amount of $2,996.44. It was explained
this lien was a result of action by the Board at its meeting of May 2, 1995 when Joseph Romano was
found to be in violation of Section 12-1-7 and 16-7 of the City Code. The property was found to be
a health hazard pursuant to Florida State Statute 162.06(4), and the city was requested to clear the
property with the cost of clearing the property to be brought back via a lien against the property.
A MOTION WAS 11tADE, SECONDED, AND PASSED TO APPROVE LIENS IN THE
~ AM1fOUNT OF $5,000.00 AND $2,996.44 BE PLACED AGAINST TIIE PROPERTY OF
~ JOSEPH RObiANO, 1170 BEGONIA STREET.
5. Board Members comments;
Reference was made to a memorandum the Board had received from Alan Jensen, City Attorney,
dated October 20, 1995 (attached hereto and made a part hereof j. The memorandum made reference
to changes to Section 162.09 and 162.07 of the Florida State Statute relating to Code Enforcement,
and the board indicated their desire to have city codes adopt the language of the State Statute. It was
suggested that Kazl Grunewald contact Alan Jensen regarding having the city's ordinance updated
to conform with Chapter 162 of the Florida State Statute.
6. Adjournment
There being no further business the Chairman adjourned the meeting at 8:10 p. m.
G. E. Martin, Chairman
Code Enforcement Board
ATTEST:
Trudy 1:.opanik, Secretary
Code ~nvt~~O~'celylPn 1 iTIDR/'
aj E N S E N & H)O U LID5 „reefi~nq-
Arrow+crs ~r (ww d
70B NORTH 4t{1RD S172EE'1'
POST OFFICE l3OX 50437
JACXSONVILIE BFaCt{. FIARlDA 92240-0457
Alan C. Jensen October 20 1995 Tdephox(904)246.2500
Stephrn A Hou1d ~ Faz (904) 246-9960
?IEMBERS OF THE CODE ENFORCEMENT BOARD
Dear Ladies and Gentlemen:
I enclose herewith a copy of Chapter 95-297, which includes changes
to Section 162.09 and 162.07 relating to code enforcement. The new
portions are underlined and they became effective October 1, 1995.
If you have any questions regarding this new law, please do not
hesitate to contact me. We may need to discuss whether an enabling
ordinance will be necessary to implement this new law in our Code
of Ordinances.
Very truly yours,
j ALAN C. 3ENSEN
~..
Enclosure
ACJ/sky
cc: Karl Grunewald, Code Enforcement Inspector (w/enc)
Suzanne Green, Esq. (w/enc)
F 'Y Ir„F
t
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Ch. 9.5-296, § 9 1995 REGULAR SESSION
Section 9. This act shall take ellect July 1. 1993.
Became a law• without the Covernot's approval June 15, 1995.
Filed in Ofrce Secrcrary of State dune W. 197.'>.
LOCrIL GOYER~".ISENT-REAL ESTATE-CODE ENFORCE~IE~(•f
A.VD RECON\'EYANCE OF LAND
Chapter 93-291
H.B. No, Iasi
An set relating b local government: emending s. La:.MJ, FS.: suthorizing s code enforcement
txierd b impou s fine not eseeeding SIe.f100 per violation it the violation is (rteparahle or
lrreveniblr, amending a. 255.2+. FS: removing provisions relating b reconverance o! lands
conveyed an or after October 1. 1935. b s munieipslity or county and not used for the putyotes
specified. and b the retroactive applleation of such provisfona: prmiding an effective date
Be fL Enocted 6y the Legislature ojthe Slate ojFlorid¢
Section 1. Subsection (11 and paragraph (al of subsection t-) of section l6°_.09, Florida
Statutes, 1994 Supplement, are amended to read:
162.09. Administrative fines; costa of repair, liens
(1) An enforcement boazd, upon no~cation by the rode inspector that an order of the
enforcement board has not been complied with by the set time or, upon landing that a repeat
dolaUon has been committed, may order the dolator to pay a tine in an amount apeciiled in
this section for each day the repeat violation continues past the date set by the enforcement
board for compliance or. ta the ease of a repeat violation, for each day the repeat tiolation
continues, beginning with the date the repeat violation Is found to have occurred by the coda
inspecwr. In addition. it the violation is a tiolaton described to s. 162.060), the enforcement
board shall notify the local governing body, which ma}• make ail reasonable repairs which are
required to bring the property Into compliance and chaz¢e the violator with the reasonable
cost of the repairs along With the Me Imposed pursuant to this section. If a tindinq of a
tiolation or a repeat tiolation has been made as prodded in thin part, a hearing shall rot be
necessary for issuance of the order imposing the fine. If. after due notice and hearing. a code
i2)tal A Rne imposed pursuant to this section shall not exceed 5250 per day for a first
tiioladon and shall not e:cceed 3500 per day for a repeat tiolaton, and. in addition. may include
all costs of repays pursuant to subsection elf. Hoa~ecer_if a code enforcement hoard finds
Section 2. Subsection t21 of section 162.0., Florida Statutes. 1996 Supplement, is amended
to read:
162.01. Conduct of hearing
(^_) Each case before an enforcement board shall be presented by the local governing bod;•
attorney or by a member of the administraat•e staff of the local governing body. If the local
goterning body prevails in prosecuting a ease before the enforcement board. it ahatl be
entitled to recover all costs incurred in prosecuting the case before the boazd and such coats
may he included in the lien authorized under s. 162.09131.
Section 3. Section 235.2". Florida Sta[utes, 1994 Supplement, is amended to read:
211? Additions an Indicated by undenine; deletions by ttaksoW
1
F.S. 1993 COUNTY OR MUNICIPAL CODE ENFORCEMENT `___ _~ Ch _162
tine maybe imposed d the Order is not complied wiul by
said dale. A certd~e0 copy of Such order may bC rec
ortled rn Ine public records of the county and shall con
stitute notice to any subsequent purchasers, succes-
ses in interest, ar assigns it the vitiation concerns real
property, and the findings therein shall be binding upon
the wdata and, d the vwtatron concerns real property,
any wbsequent purchasers, successors in interest, or
assigns.!! an order is recorded in the public records pur•
suant to this subsection and Ilia order is complied with
by the date specified in the order, the enlorcement
board shaft issue an order ar,knowiedging compliance
That shall be recorded in the puW~c records. A hearing
is not required to issue Such an order acknowledging
compliance.
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162.08 Powers of enlorcement boards.-Each
enlarcemenl board shall trove the power lo:
(1) Adopt rules for the conduct of its hearings.
(2) Subpoena alleged violators aM witnesses to its
hearings. Subpoenas maybe served by Iho sherill of the
county a pdice department of the municipality.
(3) Subpoena evidence to its hearings.
(4) Take testimony under oath.
(5) Issue oilers having the force of law to command
whatever steps are necessary to bring a vitiation into
compliance.
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162.09 AdminiatrMive fines; liens.-
(1) An enrorcemenl board, upon nOtihCaticn by the
tole inspects that en ortler of Iha enlorcement boa/d
has ml been Complied with by the set lime or, upon find-
ing that a repeat vidafion has been tommtted, may
ceder the vitiator to pay a line in an amount specified in
itxs section far each tlay the vitiation continues past the
date set by the enlacement board for compliance or, to
the Case of a repeat vitiation, for each tlay the repeat via
lotion continues past ine data of notice to the vitiator of
Vle repeat vidatron. N a finding of a violation or a repeat
vrdation has been made as provided in Ihis part, a hear•
!ng shall not be necessary la issuance of the order
nlposing the hne
(2)(a) q Ime imposed pursuant to this section shall
not exceed E250 per day for a first violation and shall not
exceed 1500 per tlay la a repeal wdation.
(b) In determining the amount at Ine knc, if any, the
enlorcement board snap consider the following !actors.
1- The gravity of me violation;
2• Any actions taken by me wdator to correct the
`^dation: and
13 any previous wotahons commdtetl by the viola
it) An enlorcement board may reduce a tine
imposed pursuant 10 this SOChW.
(3) A certified copy of an order unposrng a bnc may
`` recorded in the public (etdrds and ihereatler shall
lsldute a ken against the land do which IhC VlOlatidn
tltrsis arq upon any other rear or personal property
e"'netl by the vitiate Upon petition to the arcud court,
Such order may be enforced m the Same manner as e
tour! judgment by the shenlls of this slate, rndudmg
levy against the personal property, but such order shall
not be deemed to be a court judgment except for
enlorcement purposes. A line imposed pursuant to this
part shall continue to accrue unto the violator comes into
eomphance or until )udgment rs rendered in a slid to
lorecldse on a lien filed pursuant to Ihis section, which•
ever occurs first. After 3 months Irom the Irling or any
such lien which remains unpaid, Ine enlorcement board
may authorize the local governing body altaney to lore•
cbse on the lien. No lien created pursuant to the provi•
sions of Ihis part may be foreclosed on real property
which is a homestead under s. 4, Art. X of the State Con-
sbluhon.
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162.10 Duration ollien.-fJO ben provided under the
Local Government Code Enforcement Boards Act shall
continue for a period bnger than 20 years after the certi-
liedcopy of anorderimposing aline has been recorded.
unless wiltun plat time en action to foreclose on the hen
is commenced in a court of competent jw~sdicbon. In an
action to taecbse on a lien, the prevailing party is enti-
tled to recover a6 costs, )nduding a reasonable attor•
ney's lee, that it incurs in the lorecbsure. The continua-
tion of the Fen eliected by the commencement of the
action shall not be good against creditors or subsequent
purchasers for valuable eonsideral~on without notice,
unless a notice of Its pendens is recorded.
wad7.-. s.In. eza7, 7 v, m Kr107. 7 e. rn ea-xa
162.11 Appeals.-An aggrieved party, including the
local governing body, may appeal a final administrative
order of an enlorcement board to Ine circuit court. Such
an appeal shalt not be a hearing de novo but shall be lim-
ited to appellate review of IDe retail created before the
enlacement board. An appeal shall be bled within 30
days of the execution of the order to be appealed.
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Baia-ia.rrw7 rss 061
162.12 Notices.-
(1) All notices required by this part shall be provided
to the alleged violator by certified marl, return receipt
requested; by hand delivery by the sheriff or other law
enlorcement Officer, torte inspector, a other person
designated by the local governing body; or by leaving
the notice al the vidala'S usual place of residence with
any person residing Therein who rs above 15 years of age
and informing such person of the contents OI the notice.
(2) In addition to providing notice as set forth in sub-
section (t), at the option of the code enlorcement board,
notice may also be served by pubkcafion or posting, as
IOIIOws:
(a)t. Such notice shall be puW~shed once tluring
each week for 4 eonsecul~ve weeks (lour publicatans
being suihcient) in a newspaper of general circulation in
the county where the code enlorcement board is
located. Tho newspaper shall meet such requnemenls
as are prescnded under chapter 50 for bgat and o4ticral
advertisements.
2. Proof of publication Shall be made as provrdedm
ss. 50041 and 50.051.
1133